South Dakota § 49-48-2 - Control of electric facility by prohibited person not permitted--Facility subject to forfeiture--De minimis ownership excluded--Certain agreements with prohibited persons unenforceable.
Full text of South Dakota South Dakota Codified Laws § 49-48-2 — Control of electric facility by prohibited person not permitted--Facility subject to forfeiture--De minimis ownership excluded--Certain agreements with prohibited persons unenforceable., with citation guidance and answers to common questions.
§ 49-48-2. Control of electric facility by prohibited person not permitted--Facility subject to forfeiture--De minimis ownership excluded--Certain agreements with prohibited persons unenforceable.
A prohibited person may not control, operate, or own, in whole or in part, an electric facility. An electric facility controlled, operated, or owned in violation of this chapter is subject to forfeiture pursuant to § 49-48-5 and in accordance with the provisions of chapter 23A-49. De minimis stock ownership does not constitute control, operation, or ownership for the purpose of this section.
An operator or owner of an electric facility may not enter into an agreement that grants a prohibited person direct or indirect control of the electric facility. Any agreement, including an easement or lease, in violation of this chapter, which is entered into on or after July 1, 2026, is unenforceable.
Source: SL 2026, ch 188, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-48-2
What does South Dakota Codified Laws § 49-48-2 cover?
Section 49-48-2 ("Control of electric facility by prohibited person not permitted--Facility subject to forfeiture--De minimis ownership excluded--Certain agreements with prohibited persons unenforceable.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-48-2?
A common citation format is "South Dakota Codified Laws § 49-48-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-48-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.